No compensation for a broken shoulder?

Anya15

Hello
I had a skiing accident last week - lost balance, fell on my elbow and broke the base of the proximal humerus (shoulder bone). Luckily, I had bought a travel insurance so my insurance company advised that I may be able to recover the medical expenses. However, they insist that I can't submit a personal accident claim as the injury hasn't led to a permanent disability or death. Sounds rather strange that I am not entitled to any sort of compensation due to the actual bone fracture, pain and suffering, etc.
The accident took place during a cross-country skiing lesson with a qualified instructor. I don't think that the accident was due to his negligence but it's difficult to judge. Do I have a claim if the accident wasn't anyone's fault, just bad luck?



Thanks.

stripeyfox

Not an expert by any means, but in my experience the travel insurance (if it is a good one) will cover your "expenses". If you are not able to return to work, and receive no sickness benefit from work then it may be possible to claim from them, but will largely depend on the small print. You don't get compensation for the pain, but compensation is for loss of earnings etc.

I would say that skiing and snowboading accidents are pretty common and a broken shoulder/arm/wrist/leg etc would be regarded as part and parcel of the risk of doing these activities.

rudekid48

Anya15 wrote: »

Hello
I had a skiing accident last week - lost balance, fell on my elbow and broke the base of the proximal humerus (shoulder bone). Luckily, I had bought a travel insurance so my insurance company advised that I may be able to recover the medical expenses. However, they insist that I can't submit a personal accident claim as the injury hasn't led to a permanent disability or death. Sounds rather strange that I am not entitled to any sort of compensation due to the actual bone fracture, pain and suffering, etc.
The accident took place during a cross-country skiing lesson with a qualified instructor. I don't think that the accident was due to his negligence but it's difficult to judge. Do I have a claim if the accident wasn't anyone's fault, just bad luck?



Thanks.

Who exactly are you looking for "compensation" from? Are you planning on suing yourself?

Aretnap

Compensation is something you generally claim from an at fault party who has caused you harm by malice or negligence. That doesn't seem to apply here.

Insurance policies will cover whatever losses the policy specifies. A basic travel insurance package will pay for medical and repatriation expenses caused by the accident. A premium one might include a small personal injury element which pays a fixed amount for some specific types of injury. Usually this would be restricted to very serious injuries - a couple of grand for a lost limb, that sort of thing. It wouldn't normally extend to things like a broken bone. If you have income protection insurance that would cover lost income were you unable to work for a while. I'm not aware of any type of policy however which would pay a wodge of money simply to compensate you for the pain and suffering cause by a relatively minor injury.

bigisi

So you crash which is entirely your own fault and want compensation?

If you drive your own car into a wall who would you be wanting compo from then?

The world has gone mad!

Dangermac

Anya15 wrote: »

Hello
I had a skiing accident last week - lost balance, fell on my elbow and broke the base of the proximal humerus (shoulder bone). Luckily, I had bought a travel insurance so my insurance company advised that I may be able to recover the medical expenses. However, they insist that I can't submit a personal accident claim as the injury hasn't led to a permanent disability or death. Sounds rather strange that I am not entitled to any sort of compensation due to the actual bone fracture, pain and suffering, etc.
The accident took place during a cross-country skiing lesson with a qualified instructor. I don't think that the accident was due to his negligence but it's difficult to judge. Do I have a claim if the accident wasn't anyone's fault, just bad luck?

Thanks.

This is a very strange post.

If you have Travel Insurance, all things being equal, you should be covered for the emergency medical expenses that you have incurred whilst abroad.

As for compensation, if you are able to establish negligence against another party, then you may be entitled to compensation. In the absence of negligence, then you are not going to be entitled to compensation.

May I ask who you were hoping to claim compensation from? Bearing in mind that you don't believe that the instructor was to blame.

Some Travel Insurance policies may cover an extent of personal accident cover within the policy. Not compensation as such.

Hope this helps.

DM

Hasbeen

Anya15 wrote: »

Hello
I had a skiing accident last week - lost balance, fell on my elbow and broke the base of the proximal humerus (shoulder bone). Luckily, I had bought a travel insurance so my insurance company advised that I may be able to recover the medical expenses. However, they insist that I can't submit a personal accident claim as the injury hasn't led to a permanent disability or death. Sounds rather strange that I am not entitled to any sort of compensation due to the actual bone fracture, pain and suffering, etc.
The accident took place during a cross-country skiing lesson with a qualified instructor. I don't think that the accident was due to his negligence but it's difficult to judge. Do I have a claim if the accident wasn't anyone's fault, just bad luck?



Thanks.

You should consider one of the no win no fee ambulance chaser types to take on your case. They can send a letter on your behalf to the person responsible for the accident "yourself" requesting payment "compo" You could then pay yourself minus their fee.

Caz3121

Anya15 wrote: »

I had a skiing accident last week - lost balance....

Sounds rather strange that I am not entitled to any sort of compensation due to the actual bone fracture, pain and suffering, etc.

The current extra premiums for snow sports cover would not be sufficient to cover 'pain and suffering' for everyone that has an accident
(would be a new slant on crash for cash insurance scams)

sttony

I think you have answered your own question in reality.

In your insurance policy, there is likely to be an arbitrary clause if you are unhappy. Most insurance policies have deals with personal injury solicitors to deal with cases. You should ask them to present the case to their panel solicitor who should contact you and provide advice.

You do have to establish a case of negligence against someone.

Personally - I think we have more chance of locating Shergar than you being successful.